On the Ligitimacy of the Exclusionary Rule

Essay specific features

 

Issue:

Philosophy

 

Written by:

Shanna L

 

Date added:

January 11, 2014

 

Level:

University

 

Grade:

A

 

No of pages / words:

7 / 1942

 

Was viewed:

2640 times

 

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Essay content:

This principle was articulated by Justice Day in the following passage: The tendency of those who execute the criminal laws of the country to obtain conviction by means of unlawful seizures...should find no sanction in the judgments of the courts, which are charged at all times with the support of the Constitution, and to which people of all conditions have a right to appeal for the maintenance of such fundamental rights (Arthur & Shaw 357)...
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What can be ascertained as a result from these two passages of legal opinion delivered by the highest court in the land is that the reason we have and adhere to the exclusionary rule is in order to defend our basic constitutional rights. However, there are some that would prefer that we not bother with said protection, and exchange our personal rights to privacy for a safer society...
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